U.S. judge to rule on lethal injections

SAN JOSE, Calif., Sept. 30 (UPI) -- The judge who halted a lethal injection in California explored a new drug protocol that cuts the risk of an inmate experiencing excruciating pain on execution.

The drug U.S. District Judge Jeremy Fogel explored in a hearing Friday could also prolong a condemned individual's death, an expert witness said.

Fogel said he would rule as early as November on a lawsuit brought by death row inmate Michael Morales, who contends California's lethal injection protocol presents an unnecessary risk of subjecting condemned inmates to cruel and unusual punishment in violation of the Constitution, The Los Angeles Times reported.

Fogel said his ruling would hinge on evidence of how alert an inmate was as the toxic drugs take effect.

Morales was originally scheduled for execution Feb. 21, but state corrections officials postponed it after they were unable to meet conditions the judge imposed. Since then, the state has revised the protocol slightly.

Thirty-seven states use lethal injections to carry out death sentences.